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THE STATE AND THE RAILROADS 

AN ADDRESS DELIVERED 

AT THE 

THIRD ANNUAL DINNER 

OF THE 

RAILWAY BUSINESS ASSOCIATION 

AT THE 

WALDORF-ASTORIA 

NEW YORK CITY 
NOVEMBER 22, 1911 

BY 

EMMET O’NEAL 

GOVBRNOR OF ALABAMA 


MONTGOMERY, ALABAMA 

THE BROWN PRINTING COMPANY, PRINTERS AND BINDERS 

l»lt 






“THE STATE AND THE RAILROADS.” 


Address of Emmet O’Neal. Governor of Alabama. 


Mr. Chairman: 

For the very cordial reception yon have given me, I 
return my grateful thanks. It is not, I assure you, 
the utterance of a mere conventional phrase when I 
tell you that I am sincerely glad to be with you here 
to-night. While I appreciate the compliment which 
your invitation conveyed, I am not unmindful of the 
fact that the exacting duties of official life furnish but 
little opportunity for that careful preparation which 
the importance of this subject demands. Yet although 
I distrust my capacity to do justice to the occasion, my 
feelings on the subject were very clearly expressed by 
the gentleman who was asked whether he believed Lord 
Bacon wrote Shakespeare’s plays. He said in reply 
to the query: I do not know whether Lord Bacon wrote 
Shakespeare’s plays or not, but I do know that if he 
didn’t he missed the opportunity of his life. So I 
can sav to you that I do sincerely appreciate the spirit 
of gracious courtesy which inspired vour invitation, 
and that I feel that I could not afford to miss this 
opportunity of contributing even my small part to the 
success of a meeting and cause so praiseworthy and pa¬ 
triotic. 

I do not know who is the originator of the happy 
idea out of which this organization with its unique and 
patriotic purpose has sprung, but nevertheless I desire 
to extend to him my congratulations, and to express to 
you the wish that complete success may attend your 
efforts and that all your hopes may be fulfilled. Sure¬ 
ly that body of men who have banded themselves togeth¬ 
er, to the truly patriotic end, that the railways and the 
people, each so necessary to and dependent upon the 
other, may reconcile their differences and march to¬ 
gether for the achievement of the common good, merit 
every encouragement and deserve every praise. 

It, isi manifest that in the condition to which society 
has progressed neither the railroads nor the people can 
expand to the full measure of their potential develop- 




2 


ment without the sustaining good will of the other, and 
that any line of policy adopted by one which unduly 
hinders, retards or lays an oppressive hand upon the 
other, reacts to its own serious injury. The State, in¬ 
different, in a large measure, to the viewpoint of either, 
but solicitous to effectuate and secure to the highest 
degree the common good, should stand, in its sovereign 
capacity, as a friend to both, and permit by its laws the 
widest range of liberty that is compatible with the 
common welfare. The States should, and I feel sure 
do welcome you as an ally in the promotion of that 
better feeling, which ripening later as it must, into 
mutual good will between the railroads and the people, 
will furnish a secure basis on which to rest the State’s 
guiding laws. 

In recent years the regulation and control of rail¬ 
road rates by governmental agency has become a ques¬ 
tion of paramount interest. Recognizing that in each 
of the States the investments in railwmy property 
reach to almost inconceivable totals, and that the reg¬ 
ulation and control of property so vast, is attended 
with constitutional questions and governmental policies 
of extreme gravity, the law-making power should ap¬ 
proach the subject in no spirit of passion or prejudice, 
but with minds free from bias or bitterness, seeking 
only to reach just and conservative conclusions on the 
important problems involved, and while fixing rates 
and other incidentals of public service, to carefully 
avoid the crippling of these great enterprises, or any 
impairment of their ability to maintain the proper 
equipment for the public service, and to earn a fair 
return on the capital invested. While keeping this just 
and important spirit steadily in mind, the law-making 
power must be firm and resolute in curbing and re¬ 
straining within proper bounds that tendency to in¬ 
dependence which, in some instances, has challenged 
the State’s sovereign pow r er. Like the powerful barons 
of the feudal ages, some of the great railw T av systems 
had in former years fancied themselves growrn equal 
to the sovereign powder and denying the right of States, 
whose territory they traversed, within their ow r n bor- 

mw 


EB ! ISIS 


3 


ders, to regulate at all, have curiously produced in this 
day that romantic period when the Crown of England 
was required to put forth its power to reduce rebellious 
vassals to proper positions of fealty and to a recogni¬ 
tion of the source from which came their strength. 

The tendency of unrestrained power is always to¬ 
wards oppression, and it is logical that the conflict 
which has arisen between the people and the railroads, 
or the State and the railroads, should have been of re¬ 
cent development. Its genesis was coincident with the 
passing of the age of competition. The patronage of 
the public gravitated naturally to the best service and 
the lowest rates, and this brought about a condition, 
which not only prevented the establishment of extor¬ 
tionate rates, but reduced railway earnings to so un- 
remunerative a level as to force that system of co-oper¬ 
ation or combination whereby each system was allotted 
its territory or sphere of influence, and an agreement 
as to its rate therein. It was at the very begin ing of 
this period that the protection of the general public of 
what had been the destructive competition between the 
railroads disappeared, and that that struggle with the 
States, which now seems to be approaching its deciding 
and culminating moment, was begun. Recovering from 
the effects of rate wars between themselves, which had 
impaired their ability to serve the public and finding 
in combination, by which the general public was ren¬ 
dered helpless, a fruitful soil for the growth of wealth 
and power, these great interests became oppressive in 
their exactions, generating that public hostility which 
later flowered into laws that were, perhaps in some in¬ 
stances, unduly burdensome. The enforcement of these 
laws was responsible for the opposition to all the laws 
and the development of that new doctrine which denies 
the right to the State government to impose upon the 
interstate road any regulation of even its intra-state 
traffic. This was a right never before questioned, but in 
fact affirmed by the rulings of all the courts until a re¬ 
cent day. 

Common carriers have always been a potent factor in 
the life of the people. In its essence a railroad rate 


4 


is a tax on the public. It is a tax on all we eat, con¬ 
sume or wear; upon the homes in which we live; upon 
all the implements of trade, commerce and agriculture. 
It is a tax which is not imposed by the government or 
the State, but by private individuals or corporations, 
exercising part of the sovereign power of the govern¬ 
ment, engaged in public enterprises and performing the 
functions of the State. Upon the right to levy a tax, 
which resides in the State or Federal Government, every 
constitution has imposed, in the interests of the peo¬ 
ple, limitations upon its exercise. If the sovereign pow¬ 
er has its limitation in raising revenue from the people 
for the manifold purposes of the public welfare, it 
would be strange indeed if that same sovereign power 
can be denied the right to limit to necessary mainte¬ 
nance and a fair and just return, the right of the most 
universal and all prevailing taxation—that which, 
though levied by the power created through its own 
fiat, touches all classes of the people, and while exercis¬ 
ing public functions and armed with the right of emi¬ 
nent domain, is nevertheless operated by private per¬ 
sons for private gain. To deny to the State the right 
to regulate railroad rates on intra-state shipments, 
would be to enthrone the railroads above the State, or 
any other power, expose the citizens of every State to 
unrestrained and unlimited taxation for private gain 
and involve the destruction of sovereignty itself. 

Looking broadly to the general interests of society, 
I do not hestitate to affirm that it would be better, 
even for the railroads, if there were no other alterna¬ 
tive, to submit to unjust laws than to have the right 
of the States to regulate its internal affairs in this re¬ 
gard impaired or utterly destroyed. 

The interests of the State, the railroads and the peo¬ 
ple are necessarily bound together and should never 
be antagonistic. There may be periods to the domina¬ 
tion of one interest or the other in the law-making body, 
followed by oppression on the one hand or the other, 
but with the seat of power in the State, the growing 
recognition on all sides and by all interests of their 
mutual interdependence on the prosperity of each, will 


5 


result in a permanent policy enforced by the laws, from 
the operation of which each would be, not a hinderer, 
not an oppressor, but a continuing contributor to the 
opportunities of the other. No State, approaching the 
subject in that spirit in which all legislation should be 
born, could afford to impose unreasonable laws. The 
Legislature of each State in enacting laws on this im¬ 
portant subject should approach the discharge of that 
grave duty with minds as free from bias or prejudice, 
with consciences as much bound by the solemnity of an 
oath, and in an atmosphere as free from improper in¬ 
fluences as that in which these laws are construed and 
enforced. 

In all ages among every civilized people no ques¬ 
tion has been more important than that of transporta¬ 
tion. No industrial progress is possible without cheap 
and easy modes of personal locomotion and property 
transportation, and the more numerous these become 
the more rapidly is industrial development furthered, 
unless the tax they levy destroys gain or withers hope 
and effort. And in every age the necessity for the gov¬ 
ernmental control of rates has been recognized and ap¬ 
plied. Only recently antiquaries were delighted and 
students of public affairs brought to realize how old are 
the policies of government, by bringing to light an in¬ 
scription written upon a monument of Babylon 2250 
years B. C. relating to the laws of that period. In it 
there were some regulations of the business of trans¬ 
portation. For example: 

Section 271. “If a man hire an oxen, a wagon and 
a driver, he shall pay 180 K. A. of grain per day.” 

Section 272. “If he hire a wagon only, he shall pay 
40 K. A. of grain per day.” 

Section 276. “If a man hire a sail boat, he shall 
pay 2% S. E. of silver per day as its hire.” 

Section 277. “If a man hire a boat of 60 Gur. ton¬ 
nage, he shall pay one-sixth of a sheckel of silver as its 
hire per day.” 

From which it appears, as it was quoted in the Unit¬ 
ed States Senate, that government had been engaged 
in the supervision of the charges of carriers before the 


6 


Hebrew Decalogue aud before the days of Abraham. 
And in the history of that great nation, from which we 
sprung and whose literature and laws we have inherit¬ 
ed, there is found so early even as the reign of Wil¬ 
liam and Mary, that Parliament passed laws regulating 
the charges of common carriers. The similarity of con¬ 
ditions is plainly shown by the preamble of the Act, 
which reads: 

“And whereas divers wagoners and other carriers, by 
combination among themselves, have raised the price 
of carriage of goods in many places to excessive rates 
and to the great injury of trade, etc.” 

Over 200 years ago Lord Hale announced the doc¬ 
trine that when private property is affected with the 
public use it ceases to be juris privati only. This doc¬ 
trine the Supreme Court of the United States in the 
Granger cases declared to be the law of the country— 
that whenever one devotes his property to a use in 
which the public has an interest, he in effect grants 
to the public an interest in that use and must submit 
to be controlled by the public for the common good. 

The conditions and the principles on which these 
anciently established and necessary prerogatives of 
government rest, exist today and the right to exercise 
them is even more essential. As methods of transpor¬ 
tation have improved the necessity to use them under 
reasonable regulation has proportionately increased. 
Development beyond the village state is impossible for 
any inland community without the railroad, and the 
like development is similarly impossible with extortion¬ 
ate and unregulated charges for the service of the rail¬ 
road. Deny the power to the State to regulate intra¬ 
state rates, and following the inevitable law which links 
unrestrained power and oppression together, the dimin¬ 
ution of intra-state business, the withering of prosper¬ 
ous communities and the failure of others to develop 
at all, results as an inevitable consequence. 

The State cannot, therefore, unless it be under an 
adverse declaration of the law by the court of last re¬ 
sort, compromise or yield one jot or tittle of its attri- 


7 


butes of sovereignty. If the right to regulate intra¬ 
state rates reasonably does not reside in the State, it 
resides nowhere, and the negation of that right would 
make the strength and power of a mere association of 
individuals superior to sovereign States and lay their 
people helpless before predatory exactions. 

On this point, as I have stated, the very existence of 
the State, in its unimpaired powers, depends, and on 
that point there can of necessity be no compromise, but 
in the exercise of this power, as I have declared in the 
beginning, there must be consideration for the best in¬ 
terests of the railways as well as of the people. Con¬ 
fiscatory rates made by the State are as bad as preda¬ 
tory rates made by the railroads. Under neither can 
there be that equality of opportunity which all our in¬ 
stitutions are organized to preserve. I deprecate the 
spirit of hostility formerly manifested in some of our 
States, when, under the influence of the appeals of dem- 
agoges or time-serving politicians, laws were enacted 
which denied railroad corporations, under the threat 
of forfeiture of their charters, the right to appeal from 
the State to the Federal Courts. I did not hesitate— 
earnest as I was in the advocacy of proper regulation— 
to denounce such laws as unconstitutional, because 
they denied to foreign railroad corporations engaged 
in business in our States the equal protection of the 
laws—a position which was subsequently confirmed by 
the Supreme Court of the United States. Such a law 
enacted in Alabama was during my administration 
stricken from our Statute books. 

I feel gratified that my own State, lately the theatre 
of a desperate political struggle between the people and 
the railroads, has through its dominant political party, 
made a declaration of policy, on which both the peo¬ 
ple and the railroads can with justice to themselves 
and to each other stand. I quote it: “The public has 
the right to require from public service corporations 
just and impartial service, without rebates, discrim¬ 
inations or exactions and an efficient and courteous 
performance of their duties.” 


8 


“Such corporations, on the other hand, are entitled 
to just and fair treatment and of the equal protec¬ 
tion of the law; and capital invested in such enterprises 
should not be denied the opportunity of earning just 
and reasonable compensation. We favor legislation 
which Avill safeguard the rights of the public as against 
such corporations, but condemn any legislative at¬ 
tempts to cripple such corporations by enactments 
which are harsh, retaliatory or inspired by a spirit of 
hostility.” And that statement of the position of my 
State to the Railroads I adopted as mv view, and the 
only attitude a sovereign power can take with wisdom 
and with justice. We will not yield our sovereign right 
to make laws operative within our borders on all who 
may come within them, or willingly surrender our 
poAver to regulate and control our internal commerce, 
but I indulge the hope and the firm belief that we shall 
act with wisdom, justice and moderation, which will 
herald an era of better feeling between the railroads 
and the people—“an era of equal rights under just and 
impartial laws.” 

Notwithstanding the marvelous industrial progress 
of the South, we are yet in the infancy of our develop¬ 
ment, New mines are to be opened, new mills are to 
be constructed, and neAV farms reclaimed from prime¬ 
val forests. We possess a soil capable of producing, in 
the greatest abundance, every variety of produce known 
to the temperate zone. The application of scientific 
methods to agriculture has shown that there is no limit 
to the productive capacity of our soil. With a climate 
which rivals in its salubrity the most favored sections 
of the old or the new world, with unequaled timber 
and mineral Avealth, our agricultural lands, in propor¬ 
tion to their productive capacity, are today the cheap¬ 
est in the Union. 

Yet without additional modes of cheap and easy 
transit between the different sections of our States and 
to the markets of the w r orld, our industrial develop¬ 
ment must necessarily be retarded. 


9 


Hence the people of my State and of the South gen¬ 
erally recognize, not only the importance of utilizing 
our great waterways, but of securing the construction 
of additional railroads in every part of our section. 
Our production has grown more rapidly than our 
methods of transportation, and when that question has 
been solved with cheap and easy modes of transporta¬ 
tion to the markets of the world, under the influence 
of our enterprising, intelligent and industrious citi¬ 
zenship, the States of the South, like waking giants, 
will move forward to greater, grander and more last¬ 
ing triumphs in all the fields of progress and industrial 
development. 

I am gratified to know from the declaration of the 
Chairman of the Inter-state Commerce Commission 
that rebates have almost entirely ceased to exist, and 
that the discrimination, heretofore largely responsible 
for the hostile feeling which may once have existed, has 
been to a great extent eliminated. There is no hostility 
on the part of the people of my section to railroad cor¬ 
porations. We believe that they should not only be en¬ 
titled to just but even liberal returns on their invest¬ 
ments. We recognize that in an undertaking so haz¬ 
ardous as the construction and operation of railroads, 
investments in these enterprises will cease, if these cor¬ 
porations are restricted in their earnings to the nar¬ 
row limits of legal interest, and that the policy which 
would discourage railroad building would not only be 
unwise, but detrimental to the best interest of our 
section and our common country. 

We fully recognize the marvelous work which the 
railroads have done towards the development of the in¬ 
dustrial interests of the country. In annihilating dis¬ 
tances they have broken down the walls of prejudice 
and caste, overthrown the narrow intolerance of pro¬ 
vincialism, and strengthened the bonds of patriotic de¬ 
votion to the institutions and great interests of our 
common country. We recognize that the Presidents 
of the great transportation corporations—the railroad 
map makers of the country—have shown marvelous 


10 


skill and genius in the great work they have undertak¬ 
en. They have increased the facilities of transporta¬ 
tion; they have constantly sought to secure new and 
improved plans and devices to add to the comfort and 
convenience of the traveling public; they have aided in 
the development of our forests, our mines and agricul¬ 
ture. If mistakes have been made, they were due to 
the folly of the State and Nation, in sitting with folded 
arms and not sooner exercising the power vested in 
them to protect the public. 

Railroads honestly administered, which render 
the best service consistent with the security of 
the capital employed, a service which is im¬ 
partial and without favoritism, are the most effective 
agencies of progress and commercial development. In 
insisting upon the sovereign power of the State to regu¬ 
late intra-state rates, we are not seeking to restrict the 
operation of railroads, or to check their growth, or 
to prevent fair and even liberal returns on their in¬ 
vestments, but only striving to stimulate their useful¬ 
ness and efficiency by wise and just regulation. I am 
gratified to state to-night that at no period in the his¬ 
tory of our State has there been a more cordial feeling 
between the people and the carriers, a feeling which 
has been produced by the recognition on the part of 
both that only by just and equal laws, which permit 
no discrimination or favoritism, can we secure perma¬ 
nent peace and mutual and friendly co-operation be¬ 
tween the State and the Carrier. 

I congratulate you tonight that the era of radical¬ 
ism has passed and that we have reached that period 
when a wiser spirit of conservatism, based upon the rec¬ 
ognition of the necessity of friendly co-operation and 
mutual good will, will dominate the legislation of State 
and Nation. In that spirit let us go forth bravely to 
meet the issues of the future, determined that the great 
structure of commerce builded after so many years of 
strife and struggle, shall be made permanent and se¬ 
cure, by substituting charity for selfishness, friendship 
for hostility, and co-operation for warring competition. 


11 

Let us remember that our healing is not in governmen¬ 
tal ownership, in radical legislation, in bitter and sav¬ 
age wars of competition, but will alone he found in 
friendly co-operation, in the majestic supremacy of the 
law, and in that still small voice that speaks to our 
consciences and our hearts, prompting us to a wider, 
wiser and grander humanity and fraternity. 













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